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RESOLUTION NO. 46-2008
SETTING ASIDE TOWN COUNCIL RESOLUTION NO. 36-2007, WHICH
APPROVED A MITIGATED NEGATIVE DECLARATION OF
ENVIRONMENTAL SIGNIFICANCE, FINAL DEVELOPMENT PLAN-MAJOR
SUBDIVISION REQUEST SD 8919 AND TREE REMOV AL REQUEST
TR 2006-02 (APN: 196-310-002, -004)
WHEREAS, on April 17, 2007, the Danville Town Council adopted Resolution No. 36-
2007, approving a mitigated negative declaration of environmental significance, final
development plan-major subdivision request SD 8819 and tree removal request TR
2006-02 (APN 196-310-002, 004-Davidon Homes); and
WHEREAS, a lawsuit was filed by Citizens for Civic Accountability (Contra Costa
County Superior Court No. MSN07-1359) challenging the adequacy of the mitigated
negative declaration and Initial Study prepared by the Town for this development
project; and
WHEREAS, on March 5,2008, the Superior Court issued a Decision Upon Motions For
Judgment, finding that the negative declaration was adequate for all issues except tree
removal and finding that the Town should prepare an Initial Study specifically
addressing tree removal and cumulative impacts related thereto; and
WHEREAS, on April 1, 2008, the Superior Court issued a Peremptory Writ of
Mandating commanding the Town to, amo!lg other things, set aside the approval of
Resolution No. 36-2007; now, therefore, be it
RESOLVED, that the Danville Town Council hereby sets aside its approval of
Resolution No. 36-2007 and the land use entitlements approved through that resolution.
APPROVED by the Danville Town Council at a regular meeting on May 6, 2008 by the
following vote:
AYES: Andersen, Arnerich, Doyle, Shimansky
NOES: None
ABSTAINED: None
ABSENT: Stepper
@/&:(rJ. Z:~
CITY ATTORNEY )
APPROVED AS TO FORM:
PAGE 2 OF RESOLUTION NO. 46-2008